A person (A) commits an offence if—
he intentionally causes or incites another person (B) to engage in an activity,
the activity is sexual,
B has a mental disorder,
A knows or could reasonably be expected to know that B has a mental disorder, and
A is involved in B's care in a way that falls within section 42.
Where in proceedings for an offence under this section it is proved that the other person had a mental disorder, it is to be taken that the defendant knew or could reasonably have been expected to know that that person had a mental disorder unless sufficient evidence is adduced to raise an issue as to whether he knew or could reasonably have been expected to know it.
A person guilty of an offence under this section, if the activity caused or incited involved—
penetration of B's anus or vagina,
penetration of B's mouth with a person's penis,
penetration of a person's anus or vagina with a part of B's body or by B with anything else, or
penetration of a person's mouth with B's penis,
is liable, on conviction on indictment, to imprisonment for a term not exceeding 14 years.
Unless subsection (3) applies, a person guilty of an offence under this section is liable—
on summary conviction, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum or both;
on conviction on indictment, to imprisonment for a term not exceeding 10 years.